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  • DDash
    08-07 06:49 PM
    Sorry to hear your story man. I can empathize with you coz I went through hell last July/2007. I tried to advance the wedding and it caused havoc in the family. I got married in End of Aug/07 and by then the dates retrogressed back.

    Getting back to your situation:

    1) F-1 is sure is an option. She will have to make sure that she is independent on her own application.
    2) H-1 is an option as well, but then she will have to wait for next year lottery b.s.
    3) Now that you have G.C. you can go back to India and work. There is some restriction as to how you can maintain your GC.

    You may be found to have abandoned your permanent resident status if you:
    * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Fail to file income tax returns while living outside of the US for any period.
    * Declare yourself a “nonimmigrant” on your tax returns.

    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    4) Follow this thread and see if you can make sense out of it for your case:
    http://www.national-anthems.net/forum/article/misc.immigration.usa/198645

    I am not suggesting anything.....I am just give options, hoping to help you.

    Most of all, take it easy, relax and enjoy your wedding.

    Good luck!





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  • nixstor
    02-11 04:23 PM
    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link
    http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html

    My 0.02

    mpadapa,

    Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.

    While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy





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  • champu
    03-12 12:10 AM
    What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.

    No H1B works on 1099.
    Also how uscis can crack down on %age system.





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  • realist
    11-03 09:51 AM
    Republicans with the help of the tea party is going to (or try to) move the country extreme right...........this election just made things complicated!

    If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........

    This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........

    CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
    Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.

    just my .02 cents...



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  • raysaikat
    07-19 10:20 PM
    B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.


    There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).





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  • eb3_nepa
    01-04 12:10 PM
    Question.

    If you have one wife and u get divorced you have to give her 50% of what u have.

    What happens if you have 2 wives? ;)



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  • tanu_75
    07-29 09:30 PM
    Never say never, I dont know what my kids will do, they will go where is best for them.

    And Best is not just GDP, Romania hast 4 times more GDP per capita compared to India, but I don't see my self going back there. Coruption, stupid mentality, etc. dis will not change with GDP growth, to change the mentality of the people you need a couple of generation to die until you get somwhere close to USA.:(

    I agree with you on that. But the US is not on the right track when it comes to skilled immigration and it may cause severe problems for it later. Already smart kids in India/China don't mind staying home with the life/salaries and work opportunities. Things are changing and the US better get its game up or innovation will slowly shift overseas.





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  • 24fps
    02-27 05:36 PM
    Define "unprofessional" and how it applies to the replies here?

    In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.

    What the hell are you talking about and what are YOU smoking?

    Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.

    Again, if you don't get the difference between the tone of a professional response against a personal opinion based lash-back then thats your problem not mine :)



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  • ckarri
    07-02 04:08 PM
    lawyer fee $1000
    medical $600(for both of us)
    INS fee $1490
    Photos+Fedex charges +DOB Affidavits= $200
    TOTAL $2290





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  • shamu
    01-11 09:36 PM
    I am not sure what your health insurance situation with your employer is. Here is some thing I know. Please research and see whether this helps.

    Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.

    If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.

    Please investigate and let us know what you find.

    Thank you Nixtor,

    My employer does not have group insurance. I tried compelling him to take but .....

    Then I bought a individual insurance for my self, wife and kid (in Texas)

    And insurance companies in Texas are not providing maternity insurance for individual insurances (not violating HIPPA rules) and very recently came to know that my insurance covers the compilications of maternity(not really sure, need for confirm with some one or would try to call my insurance company for more details) and for new born child as per Texas law. But not the regular maternity. Which is the reason I am trying to buy a plan from Hospital for Maternity.

    And about your last point, I am trying to find out if I can get into any group. currently used AC21 with H1 and my employer does not have group insurance.

    My client (big one) is ready to give me full time but not the title that I want and they are not ready to do H1 (with AC21) but agreed with EAD

    Even prime vendor is ready to give full time with EAD with the title that I want and client is ok with that.

    The only problem is if I leave my current employer and go to prime vendor, then it would be a problem, else find a different employer do a different H1 and ask the vendor to transfer (but not sure if this would create complications unless my current employer is OK with it).

    Need your input on these!

    But let me know if you know any one who bought Materinity plan from Hospital in Texas (Dallas)

    Thanks for your response!

    Thanks to every one who stopped by this post and replying, thank you all.



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  • eb3retro
    10-29 09:26 AM
    Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.

    Attrocity to the core and the height of irresponsibility.





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  • bsbawa10
    12-07 04:01 PM
    . but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.

    I think, it is a combination of three things.
    1. Laziness
    2. No Accountability
    2. Bad intentions ...as you mentioned

    In my job, I am a software trainer. I teach hundreds of people. I will be accountable (and asked questions) if I delay my work even by one day. There are tight deadlines for everything. (Yes, 5 minute job of renewing EAD will not be 90 days ...it will be 5 minutes only) Even if one customer just soft complains about anything, I will be held accountable and my job will be in jeopardy. There is no such thing in USCIS.

    BTW: I hate when they say 90 days and then exclude the RFE time and the mail accepting time.(They count from the date of receipt and not the date of receiving the mail). On the top of it, the receipt date can be any time they want and not the date of receiving the date. It can become 120 days and when they say "days", it is like one of those commercials which says, " for only 1$ a day ...." instead of saying $365 which they charge for the whole year . subscription.

    Same way instead of saying 3 to 5 months , they say 90 days (so that it does not seem long). they should say , "EAD RENEWAL ONLY TAKES 129600 MINUTES". ..and then in the small print, light gray color at a hidden spot in the bottom, in tons of lines of text, say, "does not include RFE, holidays, Mail transit time, and time before we accept it"

    Can anybody please send me the address of USCIS director ? I want to write a letter to him with a copy to his boss too. Anybody can help me know who his boss is and his address too ?



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  • optimystic
    10-23 08:48 PM
    Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
    Even if its not cleared, you would have surely crossed 180-day barrier, yes?
    I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.

    I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.

    Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.

    I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.





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  • genius
    05-02 03:03 AM
    Hi everyone,
    Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).

    Please help!!


    Thanks in advance!!!



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  • desi485
    01-04 03:12 PM
    Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?

    Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).

    two mother in laws???

    He might have 4. (extending logic that his father in laws also had two wives) :)





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  • mwin
    05-13 04:48 PM
    If you get re-married before GC, then your wife is eligible under employment quota with your PD. It does not matter if she is in India or USA. The critical thing here is your marriage date should be before your actual GC receive date.
    This is generally for people who get married for the first time, in your case I am not sure. search some old Murthy forums fro more info.




    I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
    Since I have valid H1 can I do something,



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  • brad_sk2
    07-26 01:09 PM
    The last link (Times27..) one doesn't open btw

    Dude...he is just predicting...Please spend a minute or two reading the contents before replying!





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  • H4_losing_hope
    02-21 12:38 PM
    I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.

    thanks for your efforts!





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  • rolrblade
    02-12 02:44 PM
    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.

    I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.





    sweet23guyin
    12-22 02:12 PM
    I spent 3+ months after application with out a passport, because my earlier Indian passport was issued in Sweden and SF guys want clearance from Sweden.
    The ugly part is SF guys don't know how to communicate to their brothers/sisters in Sweden! Every time I en-quire they show fingers at Sweden embassy.
    I use to wake up 3 in the morning to find out what the issue is with Sweden folks; almost all the time the ans is 'they did not receive any such clearance request from SF and don't have any procedure for the so called Clearance...'
    With two different time zones and no direct phone support for SF consulate, it was hell to deal with out talking to any one in SF. Their phone line is a joke.
    After 100's of emails(count less phone calls middle of night) with both consulates with some ugly and strong wordings(some times literally begging!), finally they issued my passport. I felt so happy seeing that than when I got my GC....and I lost valuable time window to travel.

    God bless all those who wants Indian passport renewal at SF





    optimystic
    10-23 02:27 PM
    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?

    After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)

    So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!

    I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.



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